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The Self-Critical Analysis Privilege And Discovery Of Affirmative Action Plans In Title Vii Suits, Michigan Law Review
The Self-Critical Analysis Privilege And Discovery Of Affirmative Action Plans In Title Vii Suits, Michigan Law Review
Michigan Law Review
This Note argues that plaintiffs should have access to affirmative action plans in discovery. Part I describes the "self-critical analysis" or "self-evaluative" privilege that employers have advanced to block discovery of such plans. Part II examines the conflicting interests of society, employers and employees in allowing or denying discovery. Part III evaluates the application of a self-critical analysis privilege in light of these conflicting interests and concludes that the privilege should not be applied to affirmative action plans.
Affirmative Action After Bakke, Cordelia A. Glenn
Affirmative Action After Bakke, Cordelia A. Glenn
Cleveland State Law Review
This Note will examine Regents of the University of California v. Bakke and subsequent Supreme Court decisions dealing with affirmative action to determine what effect, if any, these decisions have had on lower court determinations of the validity of affirmative-action programs. This Note will also discuss the problems inherent in judicial review of such programs and the direction that affirmative action has taken as a result of lower court decisions. Affirmative action as it relates to women and to seniority plans is beyond the scope of this Note. However, reference to these types of cases will be made for purposes …